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Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 27985598     EISSN : 27982130     DOI : http://dx.doi.org/10.51825/sjp
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum also known as Sultan Jurisprudence is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 98 Documents
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Tax Basis for Transfer of Land Rights: Antinomy between Civil Law and State Administrative Law Muchtar, Andhyka; Prihartono, Agus; Sri Agustina, Rani
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.31930

Abstract

This study aims to understand the concept of taxation of transfer of land and building rights that is more legally certain. Understanding the concept of legal certainty requires seeing the Antinomy between the transaction value of the transfer of rights that has a civil law dimension and the transaction value based on the fair value of the land that has a State Administrative Law dimension. This study uses the doctrinal method or normative research, using the Statute Approach and the conceptual approach (conceptual Approch). The results of this study show that in order to ensure the legal certainty of taxation of transfer of land rights by understanding the theory of antinomy provides enlightenment that the land value for taxation should be determined based on the fair value of the land that can be accessed as public information. This concept will eliminate tax avoidance from taxpayers and avoid illegal levies from the Tax Office so that legal certainty can be created for the collection of taxation of transfer of land rights.
The Integration of Sharia Law and Traditional Beliefs: Case Study of Bonokeling Indigenous Community Falah, Nabilah
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.35310

Abstract

This research investigates the unique synthesis of Islamic and Javanese spiritual traditions within the Bonokeling customary community in Central Java. Addressing the urgent need to understand cultural preservation in a modern context, this study employs a descriptive-analytical and sociological-legal approach to examine the dynamic integration of this belief system with Islamic family law. The findings reveal a novel process where these value systems co-exist and mutually influence each other, particularly in matters of marriage and inheritance. This adaptation enables the Bonokeling community to preserve its customary values while adhering to Islamic teachings. This research makes a significant contribution to the fields of sociology and law by providing a compelling example of cultural adaptation and legal pluralism in practice.
Rethinking Indonesia's Welfare State: A Legal Comparative Study of the Constitutional Court's Decision 64/PUU-XVIII/2020 with South Korea Practice Suryawan, Dhian Fajar
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v5i1.35157

Abstract

The founding fathers of Indonesia established a constitutional mandate for a welfare state, requiring the government to control and manage vital resources for the people’s collective prosperity. This principle, codified in Article 33 of the 1945 Constitution, is increasingly relevant amid ongoing debates about economic justice and resource management. The Constitutional Court's decision in Case No. 64/PUU-XVIII/2020 ruled that recent amendments to the Mineral and Coal Mining Law deviate from this constitutional vision, sparking a critical legal and political discussion. This research provides a timely analysis of this landmark decision, highlighting its significant implications for the future of Indonesia’s welfare state. Our contribution is an urgent call for policymakers and legal scholars to re-evaluate the foundational principles guiding national economic policy.
Reconstructing Criminal Law Enforcement against Unauthorized Land Occupation: Toward a Justice Oriented Legal Framework Yogie Fahrisal
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 6, No 1 (2026): IN PRESS
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v6i1.40751

Abstract

Unauthorized land occupation continues to pose significant legal challenges in Indonesia by intersecting criminal liability, civil property rights, land administration, and social conflict. Although criminal proceedings may result in convictions, they rarely restore possession to lawful landholders, who must pursue separate civil actions to recover land or obtain compensation. This fragmentation exposes a gap in the existing enforcement framework, where criminal justice emphasizes punishment but provides limited mechanisms for rights restoration. This study examines the shortcomings of criminal law enforcement in cases of unauthorized land occupation and develops a reconstruction model aimed at achieving substantive justice. Employing normative juridical research through statutory, conceptual, historical, case, and comparative approaches, the study identifies structural weaknesses, including outdated sanctions, fragmented criminal–civil procedures, ineffective execution mechanisms, and weak institutional coordination. The findings demonstrate that criminal law should extend beyond determining liability by incorporating integrated remedies such as restitution, judicial orders restoring land possession, proportionate economic sanctions, specialized land adjudication, and coordinated institutional enforcement. This study contributes to criminal law scholarship by proposing an integrated enforcement model that reconciles punitive and restorative functions, thereby strengthening legal certainty and enhancing the practical protection of lawful land rights.
Enhanced Criminal Penalties for Corruption under Aggravating Circumstances: Legal Certainty and Justice from an Islamic Law Perspective Ridwan Ridwan; Rena Yulia; Muhyi Mohas; Muhamad Noor Fajar Al Arif Fitriana; Salsabila Oktaria Miraj
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 6, No 1 (2026): IN PRESS
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v6i1.39773

Abstract

Corruption is an extraordinary crime poses a profound threat to public finance, institutional integrity, and the rule of law. Indonesian anti-corruption legislation permits aggravated penalties, including capital punishment, under "certain circumstances"; however, this qualifying element appears only in the statutory elucidation, creating uncertainty in judicial interpretation and sentencing. This study examines the legal construction of aggravated punishment through the principles of legal certainty and justice, incorporating perspectives from Islamic law. Using normative juridical research with statutory, conceptual, and comparative approaches, the study analyzes primary, secondary, and tertiary legal materials. The findings demonstrate that locating the "certain circumstances" requirement outside the operative provisions weakens legal certainty and undermines consistent judicial application. From the perspective of Islamic law, aggravated punishment accords with the principles of ta'zir, maslahah, and maqāṣid al-sharī'ah by protecting public interests and strengthening deterrence against corruption. This study proposes reformulating the statutory framework by incorporating the aggravating circumstances into the substantive provisions of the law, thereby reinforcing legal certainty while aligning Indonesia's anti-corruption policy with constitutional values and Islamic legal principles.
Redistributive Justice in Post-Divorce Child Custody: Reconstructing Islamic Family Law Through Maqāṣid al-Sharī'ah in Indonesia Andre Wahyu Pratama; H. B. Syafuri; Oom Mukarromah; Ahmad Sanusi; Aspandi Aspandi; Itang Itang
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 6, No 1 (2026): IN PRESS
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v6i1.42010

Abstract

The rising divorce rate in Indonesia has intensified disputes over child custody amid rapid digital transformation. This study analyzes distributive justice in post-divorce child custody decisions at the Cilegon Religious Court and examines custody disruption through the perspective of maqāṣid al-syarī‘ah. Employing normative juridical research with statutory, conceptual, and maqāṣid approaches, the study examines marriage legislation, the Compilation of Islamic Law, court decisions, and the Convention on the Rights of the Child. The findings reveal that child custody should no longer be interpreted solely as a normative allocation of parental rights but as a comprehensive framework for safeguarding children's physical, psychological, moral, spiritual, and digital well-being. Judicial decisions should prioritize the best interests of the child by integrating the objectives of preserving religion, life, intellect, and lineage while considering parents' digital parenting competence, moral integrity, psychological stability, and technological supervision capacity. Consequently, child custody requires a progressive legal approach that responds to contemporary digital challenges while ensuring sustainable child protection.
Legal Responsibility of Electronic System Operators for Fraudulent Acts in Marketplace Transactions in Indonesia Devi Mustika; Lisa Anggraini; Simalango, Juita Octaviani; Agusriansyah Ridwan; Rahmatullah Ayu Hasmiati
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 6, No 1 (2026): IN PRESS
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v6i1.40634

Abstract

The rapid expansion of digital marketplaces has intensified concerns over the legal responsibility of Electronic System Operators (ESOs) for fraudulent activities conducted through their platforms. While Indonesia's legal framework recognizes the safe harbor doctrine, it provides limited guidance on the circumstances under which ESOs lose immunity because of inadequate platform governance. This study examines the limits of ESO liability for online fraud and evaluates the relationship between safe harbor protection and due diligence obligations under Indonesian law. Employing normative juridical research through statutory and conceptual approaches, the study analyzes the regulatory framework governing intermediary liability and platform accountability. The findings reveal that safe harbor protection cannot be treated as absolute immunity but is conditional upon the effective implementation of due diligence measures, including user verification, timely responses to reports of unlawful conduct, and proportionate mitigation of foreseeable risks. Building on these findings, this study proposes a Risk-Tiered Intermediary Liability model that calibrates legal responsibility according to the level of platform involvement and the adequacy of preventive measures adopted by ESOs. The proposed framework contributes to intermediary liability scholarship by reconciling innovation-friendly safe harbor protection with accountable digital governance and offers a normative basis for future regulatory reform in Indonesia.
Reconstructing the Ultimum Remedium Principle in Environmental Criminal Law: Toward a Primum Remedium Approach Based on Ecological Justice Ahmad Mubarak; Ifrani Ifrani; Rahmida Erliyani; Mispansyah Mispansyah
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol 6, No 1 (2026): IN PRESS
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/sjp.v6i1.39758

Abstract

The accelerating environmental crisis has exposed the limitations of an anthropocentric legal paradigm that continues to subordinate ecological sustainability to economic development. Within this context, the continued reliance on the ultimum remedium principle in environmental criminal law has become increasingly contested, as treating criminal sanctions as a measure of last resort often weakens deterrence and delays effective responses to serious environmental harm. Despite growing concern over environmental law enforcement, limited attention has been given to the conceptual incompatibility between the ultimum remedium doctrine and the distinctive characteristics of environmental offences. This study critically examines that incompatibility and develops a reconstruction model based on primum remedium and ecological justice. Employing normative legal research through statutory and conceptual approaches, the study analyzes legislation, legal doctrine, and theories of criminal law policy, legal systems, and law as a tool of social engineering. The findings demonstrate that ultimum remedium is ill-suited to environmental crimes that are collective, cumulative, and frequently irreversible, while Indonesia's reliance on administrative enforcement diminishes the preventive function of criminal law. This study contributes to environmental criminal law scholarship by proposing an ecological justice framework that repositions criminal law as the primary response to serious environmental offences while preserving proportionality and legal certainty.

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